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Sustainable Marine Space Managements: Malaysia Perspective

Abdullah HISAM OMAR1, Nazirah MOHAMAD ABDULLAH2, Shuib RAMBAT3


Noor Anim Zanariah YAHAYA4 Rasheila RAHIBULSADRI5 Asraf ABDULLAH6,
Rahim YAHYA7, TENG Chee Hua8, CHAN Keat Lim9 , Hasan JAMIL10
¹Department of Geoinformation, Faculty of Geoinformation & Real Estate, UTM Skudai, 81310,
Johor, Malaysia
Abdullahhisham@utm.my
2,3,4,5,6
Department of Geoinformation, Faculty of Geoinformation & Real Estate, UTM Skudai, 81310,
Johor, Malaysia
my_nazirah@yahoo.com
6
Faculty of Architecture, Planning and Survey, Universiti Teknologi Mara, Malaysia Kampus Perlis,
02600, Arau, Perlis
asuitm@gmail.com
7
SMK Tun Perak, KM 4, Jalan Salleh, 84000, Muar, Johor, Malaysia
keyrhy@gmail.com
8,9,10
Cadastre Division, Department of Survey and Mapping Malaysia, Department of Survey and
Mapping Malaysia, Wisma JUPEM, Jalan Semarak, 50578 Kuala Lumpur

Key words: Sustainable Marine Space Administration, Marine Space Governance, Marine
Space Administrative Issues

SUMMARY

The management of good governance of marine space administration has been debated since
at least the 2000s. An extensive literature and research report, it is hardly surprising that this
marine space is under serious threat from a myriad of overlapping and conflicting interests,
where the evidence of change is compelling and manifest. Therefore it is imperative to
manage, administer and govern the coastal zone in a considerable, sustainable and structural
manner as well as to protect and nurture the environment we live in. Failure to do so may
have disastrous consequences for future generations. This includes polishing the management
system, particularly the governance of marine space administrative to support marine rights.
Marine space administration and management can help to improve our governance and
information systems on coastal and marine areas. From the perspective of management,
Malaysia has many institutions that manage and administering the marine environment.
However, the developing of institutional framework is still uncertain with ambiguities,
conflicts and overlapping on administration and management models due to the bill of act.
This paper proposed method of the implanting marine space governance.

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Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)

WCS-CE - The World Cadastre Summit, Congress & Exhibition


Istanbul, Turkey, 20 –25 April 2015.
Sustainable Marine Space Managements: Malaysia Perspective

Abdullah HISHAM OMAR1, Nazirah MOHAMAD ABDULLAH2, Shuib RAMBAT3


Noor Anim Zanariah YAHAYA4 Rasheila RAHIBULSADRI5 Asraf ABDULLAH6,
Rahim YAHYA7, Hasan JAMIL8, TENG Chee Hua9, CHAN Keat Lim10
¹Department of Geoinformation, Faculty of Geoinformation & Real Estate, UTM Skudai, 81310,
Johor, Malaysia
Abdullahhisam@utm.my
2,3,4,5,6
Department of Geoinformation, Faculty of Geoinformation & Real Estate, UTM Skudai, 81310,
Johor, Malaysia
my_nazirah@yahoo.com
6
Faculty of Architecture, Planning and Survey, Universiti Teknologi Mara, Malaysia Kampus Perlis,
02600, Arau, Perlis
asuitm@gmail.com
7
SMK Tun Perak, KM 4, Jalan Salleh, 84000, Muar, Johor, Malaysia
keyrhy@gmail.com
8,9,10
Cadastral Division, Department of Survey and Mapping Malaysia, Department of Survey and
Mapping Malaysia, Wisma JUPEM, Jalan Semarak, 50578 Kuala Lumpur

1. INTRODUCTION

Marine administration has been defined as governing surrounding of the marine space.
Governing the surrounding marine space tasks may include sustaining the natural
environment, maintaining conservation and managing the resources. In Malaysia, governing
such activities involves various departments at government stage as well as the stakeholder.
Managing a marine space with approximately, 515,000 kilometres square area which covered
by maritime realm and 4,576 km in length by coastline is a tedious task (Teo & Fauzi, 2006).
Indeed,the maritime adjacent borders with Thailand, Brunei Darussalam, Singapore,
Indonesia, Vietnam and the Philippines as show in Figure 1 mean proper standard of
governing the marine space is needed. As part of the South East Asian Region and a founding
member of the Association of South East Asian Nations (ASEAN) the relationships with these
nations should be importance as they are one of the stakeholders in Malaysia marine spaces.

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Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)

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Istanbul, Turkey, 20 –25 April 2015.
Figure 1: Countries Maritime Adjacent Borders of Malaysia

The Malaysian coastline, which is about 4,800 km in length, is rich in coastal resources and
has a plenty of natural bio diversity. The coastal areas of Malaysia which provision a major
portion (70%) of the population, is the navel of socio-economic activities such as
urbanisation, agriculture, fisheries, aquaculture, oil and gas exploitation, transportation and
communication, tourism, recreation, and others. Indeed, there are numerous of the industries
that are also located in coastal area to facilitate export and to stop the employment mere in
this urban centre. The expansion of population and the industrialisation are the two core
aspects that have contributed to the rapid growth of coastal cities, resulting in an escalation
for the demand of coastal land development (Saw et al., 2002). However, the Malaysian
marine spaces are not managed by single public institution but it was managed by several
departments from the government, the stakeholder and an authorise individual who have
interest on the marine spaces. As a result, it create complex, uncertain and conflict situations
in determining the resolution of authority area of true governance.

Based on the above facts, the demand on good governance is one of the main factors that need
to be addressed and soon developed by Malaysian marine spaces administrator. It needs to be
planned, particularly by means of spatial planning on the level of local, regional and national.
As good governance is a term, similar to sustainable development, that can mean many things
depending on one’s perspective or goals (Nichols et al., 2000).

In facts, management and governance are the foundation of life and society in order to
achieve the human ability to seize the benefits of the natural environment and maintaining a
quality resource to be sustained. Importantly, it is also about the decision-making and helm,
and the distribution knowledge and influence in an organised entity (eg, jurisdiction,
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Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)

WCS-CE - The World Cadastre Summit, Congress & Exhibition


Istanbul, Turkey, 20 –25 April 2015.
government departments and others) as an entity that pursued goals and objectives quoted
from Paquet 1994 and 1997(Cockburn, 2005). In marine spaces, effective management is
about covering accuracy, up-to-date, complete and helpful information about the resources
that currently exist and the nature of the environment in which the resources exist, and also
consumers contact for these resources (Ng’ang'a et al., 2004). Furthermore there are several
values of marine space, such as sources of food from animals, plants and fishes, means of
transportation, means of communication (subsea cables), areas for development (mineral
extraction), areas for recreation, areas for dumping of waste and areas for scientific research.
Figure 2 clearly shows the Malaysia Coastal and marine space that have multiplicity of uses,
which often leads to conflict namely technical, legal and stakeholder management. In fact, to
avoid conflict, in a multiple use resource there must be ruled, hence the importance of
institutions and stakeholder frameworks in the administration of coastal and marine space.

Figure 2: Competing Demand for Malaysia Coastal and Marine Recourses with Marine space
Governance Issues

2. MARINE SPACE ADMINISTRATION IN MALAYSIA

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Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)

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Istanbul, Turkey, 20 –25 April 2015.
Malaysia is a constitutional monarchy (Kerajaan Berperlembagaan) which uses the federal
system of government (Fauzi & Teo, 2006). Its Constitution vests executive authority in the
Yang Di Pertuan Agong or king, the nominal head of the nation. The Cabinet, headed by the
prime minister, serves as the advisory body to the king. It is this body that actually governs
the country. The prime minister has considerable power in choosing members of the Cabinet
by advising the king on who should be chosen as members of parliament. The Cabinet is
collectively responsible to the parliament. Legislative authority is vested in the bicameral
parliament, composed of a House of Representatives and an appointed Senate. The appointed
king also heads these two houses of parliament. Judicial authority is vested in the Supreme
Court, the High Courts, and subordinate courts. The lord president of the Supreme Court
heads the judicial branch of the government. The judiciary has the power to deliberate on civil
and criminal matters, pronounce on the legality of any legislative or executive act, and to
interpret federal and state constitutions (Calestino, 2001).

Marine managed areas, in the widest sense, are geographic areas designed to protect or
manage resources within the marine environment. Any agency that has jurisdiction in the
marine environment can create marine managed areas. A creating agency could be a federal,
state, territorial, tribal, or local government and an independent agency, or a regional entity
with resource authority, such as a port management council (Suzanne Bass et al., 2006).
Malaysia marine space is being managed by national, state and local organizations with
various departments and agencies. It is including government, private and educational
organizations. Table 1 shown the Malaysia Marine Space institutional structure that includes
15 categories of marine space activities, 14 ministries and more than 30 department/units are
responsible for the management of the marine space activities.
Table 1: The Malaysia Marine Space Institutional Structure
No Category Ministry Department/Agencies Division/Council
1 Port Johor Port Autority
Bintulu Port Autority
Klang Port Authority
National Shipping
Kuantan Port Autority
Ministry of Transport Council
Kemaman Port Autority
Penang Port Comission
Maritime Institute of Malaysia
Prime Minister’s Malaysian National
Department Shipper’s Council
2 Shipping Marine Department of Malaysia
Maritime Institute of Malaysia
Ministry of
3 Light House Marine Department of Malaysia
International Trade
and Industry

4 Non Living Resources Ministry of Science Department of Standard Malaysia National Oil Spill
and Technology ( STANDARD MALAYSIA) Control Committee
National Oceanographic Directorate
(NOD)

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Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)

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Istanbul, Turkey, 20 –25 April 2015.
Malaysia Remote Sensing Agency
(ARSM)
Malaysia Meteorological Department

Prime Minister’s Economic Planning Unit National Petroleum


Department Maritime Institute of Malaysia Advisory Council
Ministry of Transport
5 Living Ministry of Department of Fisheries National Advisory
Resources/Fisheries Agriculture and Fisheries Development Authority of Council for Marine Park
Agro-Based Industry Malaysia (LKIM) and Marine Reserve
Prime Minister’s Maritime Institute of Malaysia
Department
Ministry of Transport
6 Natural Resources National Hydraulic Research Institute
Research Institute of Malaysia
(NAHRIM)
Department of Survey and Mapping
Malaysia
Department of Director General of
Lands and Mines
Ministry of Natural Department of Irrigation and
Resources and Drainage Minerals and Geoscience
Environment Department
Ministry of Transport Maritime Institute of Malaysia

7 Forestry/Wildlife Department of Marine Park Malaysia


Department of Environment
Forestry Department Peninsular
Malaysia
Forest Research Institute Malaysia
Department of Wildlife and National
Park Department of Biosafety
Prime Minister’s Maritime Institute of Malaysia
Department

8 Jurisdiction Ministry of Defence Royal Malaysia Navy


Hydrographic National Center
Prime Minister’s Maritime Institute of Malaysia
Department
Ministry of Transport
9 Enforcement Ministry of Home Royal Malaysian Police Marine Unit
Affairs
Prime Minister’s Maritime Enforcement and
Department Coordinating Centre
Malaysia Maritime Enforcement
Agency

10 Tourism Ministry of Culture, Malaysia Tourism Board


11 Heritage and Antiquity Arts and Tourism

Prime Minister’s Maritime Institute of Malaysia


Department
Ministry of Transport
12 Telecommunication Ministry of
Communication and
Multimedia
13 Dispute Settlement Attorney General’s Chamber Advisory and
International Division

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Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)

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Istanbul, Turkey, 20 –25 April 2015.
Ministry of Foreign Economic Division Maritime Affairs Units
Affairs Policy and Planning Division
14 Educations Ministry of Universiti Teknologi
Education Malaysia (UTM)
Universiti Malaya(UM)
Universiti Malaysia
Terengganu(UMT)
Universiti Putra
Malaysia(UPM)
Universiti Kebangsaan
Malaysia (UKM)
Universiti Teknologi
MARA(UiTM)
Politeknik Ungku
Omar(PUO)
15 Trade and Service Ministry of Finance Internal Tax Division Secretariat for Cabinet
Committee on Trade
and Service
Modify: After Abdul Hamid Saharudin (Saharuddin, 2001)

For these eras, the maritime areas have always been important to Malaysia and based on the
maritime sector, economic activities have blossomed which has contributed significantly to
Malaysia’s economic growth (Saharuddin, 2001). However, many economic activities
presence often conflict with the natural environments of coastal areas. The question is why
and how this conflict in going on? According to table 1, the majority consent categories
obtained that represents the marine activities involves more than one of the different agencies
and ministries. For the example mixing of authorities between the state, federal and the
private sector has resulted in uncoordinated port planning and development (Saharudin,
2001). This creates a Conflict jurisdiction and overlapping of functions between several
federal ministries, state government and also private sector in such as fisheries, environment,
state forestry and managing coastal zone are crucial to the sustainability of marine space
administration.

2.1 Role and Responsibilities

Thought of environment changes in which civilization operates are increasingly determines


that there is a need to restructure development practices, in order to ensure the continuity of
these practices, or in other words, sustainable development, taking into account the need for
harmony between the economic, social and environmental spheres (Cicin-Sain, 1993).
Aligned with this idea, it becomes essential to examine the responsibilities and roles of

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Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)

WCS-CE - The World Cadastre Summit, Congress & Exhibition


Istanbul, Turkey, 20 –25 April 2015.
different marine space stakeholders in order to ensure that their work in this field is taken into
account. This then connects to the idea of marine space sustainable consumption, taken to be
an intermediate dynamic feature in the marine space governance development paradigm.
Michaelis (2003) and Mont and Plepys (2007) indicate sustainable consumption as the pattern
of consumption resulting from the inter-relation of stakeholders interested in achieving
sustainable development.

Hence, the discussions on sustainable development, it becomes increasingly clear that marine
space stakeholders in different fields need to be working and assuming specific roles and
responsibilities in this new context. Therefore this study tries to see the role of government,
regulators and planning organisations and also role of national policy.

2.1.1 Role of Government, Regulators and Planning Organisations

Marine space administrations will be successful if supported by the appropriate law


and regulation on marine management. The law and regulation is dependent on two
components: local and international. The local law must be examines under marine cadastre
contexts such as National Land Code 1965, Continental Shelf 1966, Territorial Sea Act
2012, State Land Rule and Baselines of Maritime Zones Act 2006. Whereas the international
law is related to United Nation Convention Law of The Sea 1982 and Convention on
the Territorial Sea and the Contiguous Zone 1958.

Management of coastal resources management are briefly said that water and land matters fall
within the jurisdiction of the State Government, which entails, development planning and
zoning powers amongst others (Mokthar and Ghani Aziz, 2003). And yet the living resources
are shared between the Federal and State government. The local authorities, both municipal
and district councils, together with relevant government agencies (for example district land
offices) act as a channel for both Federal and State government.

The resourcefulness on coastal zone management in Malaysia took place when the Federal
Government responded to severe coastal erosion caused by a variety of natural and man-made

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Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)

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Istanbul, Turkey, 20 –25 April 2015.
processes. Malaysian government consequently launched the National Coastal Erosion Study
in 1984-1985 and it is become a major national concern (Mokhtar and Ghani Aziz, 2003).
This research was under the responsibility of the Environment and Natural Resources
Division of the Economic Planning Unit (EPU) in the Office of the Prime Minister. The
important results of this research were recommendations for implementing proper long-term
planning to prevent coastal erosion and establishing in 1987 two important institutions related
to coastal zone management is the Coastal Engineering Technical Centre (CETC) and the
National Coastal Erosion Control Council (NCECC) which lead to development of
importance guidelines.

The Development guidelines encapsulated in the Federal Government’s Outline Perspective


Plans (which spans a period of at least 10 years) are then interpreted at State Government
levels, and government agency levels, who take the directions formulated for sectors that they
represent, and develop specific policy documents, programs and action plans. State
government will be the actual local government of an area for all intents and purposes. They
also have access and capability to raise funds, promulgate enactments and regulations, and
develop development plans for areas within their boundary (Mokhtar & Ghani Aziz, 2003).

There is large volume of published studies describing Malaysia has a plethora of maritime and
ocean laws. With respect to the concept of unity between land and water expressed by the
Malay word ‘tanahair’ which literally means, ‘land and water’ depict the embodiment of the
unity assumed simultaneously with the native land. In 1999, Juita Ramli (1999) described as
early as 1276 during the reign of Sultan Muhammed Shah - the first sovereign of the Malacca
Sultanate - it was found that the Malays has had already designed a set of laws of the sea
applicable in sea areas within the jurisdiction of the Malacca Sultanate. These laws were
referred to as the Malacca Code.

Malacca Code is all about the laws designed were significantly related to the trading activities
within the region, which thrived for centuries under the reign of the Malacca Sultanate
(Ramli, 1999). It is also important to highlight that during this ancient time of living where

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Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)

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Istanbul, Turkey, 20 –25 April 2015.
daily lives were easily entertained, it is notable that such law and order governing matters
both on land and at sea has had been well administered. Juita Ramli (1999), also pointed that
the nature of victorious civilisation and it is regrettable that as beneficiaries we have failed in
perpetuating or pursued to develop, in the least, the codified Malacca laws of the sea.

Today, Malaysia maritime laws consist of multiple meanings and purposes established in
specific needs such as to solve any disputes or issues. However, Malaysia's marine legislation
does not focus on laws related to the functions of marine space and its characteristic compared
to the terrestrial. Ensure success in marine space governance, Malaysian marine laws have to
be first examined to have a clear understanding of the Malaysian maritime regime scenario
under the scope of marine spaces.

The governance of Malaysia’s maritime territory is controlled by legally defined boundaries


same as on land (Fauzi, 2006) . The United Nations Convention on the Law of the Sea
(UNCLOS) establishes a jurisdictional regime under which Malaysia itself can claim, manage
and utilise its maritime territories. In this regards, Malaysia ratified UNCLOS in October
1996, and in line with provisions of UNCLOS, is entitled to:
(i) The Territorial Sea, which is the belt of sea measured 12 nautical miles (nm)
seaward from the territorial sea baseline (Malaysia uses the straight base line
approach). On 2 August 1969, an Ordinance under Article 150(2) of the
Constitution known as the Emergency (Essential Powers) Ordinance, No.7,
1969 was promulgated. Under this Ordinance, the territorial waters of
Malaysia (except in the Straits of Malacca, the Sulu Sea and the Celebes Sea)
was declared as 12 nautical miles from the base line determined in accordance
with UNCLOS.

(ii) The Contiguous Zone, which is the belt of sea, contiguous to the territorial sea,
measured 24 nm seaward from the Territorial Sea Baseline.

(iii) The Exclusive Economic Zone, which is the area beyond and adjacent to the
territorial sea, measured 200 nm seaward from the Territorial Sea Baseline.

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Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)

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Istanbul, Turkey, 20 –25 April 2015.
Confusion occurs until precipitated the establishment of a rather irregular mix of national and
international legislation in Malaysia are influence accorded by the development of world-wide
laws of the sea since the advent of Western European dominance in ocean-related matters and
international trading ( Ramli, 1999).

2.1.2 Domestic Laws

There have been several studies in the literature reporting about Malaysia’s government is
modelled after the British system, somewhat modified because Malaysia’s federal structure
incorporates 13 states and 3 federal territories. Nine of those states have rulers or sultans and
they elect a monarch, the supreme ruler, and every five years. The government is based on a
parliamentary system, headed by an elected Prime Minister. The Parliament consists of a
partially appointed senate and a house of representatives whose members are elected by
universal adult suffrage.

The Federal Government has powers such as over external affairs, defence, internal security,
civil and criminal law, federal citizenship and naturalization, finance, trade, commerce and
industry, taxation, customs and excise duties, shipping, navigation and fisheries,
communications and transport, federal works and power, education, medicine and health,
social security and tourism. The States’ powers include over land and its administration,
Islamic law, Malay customs, permits and licenses for mines prospecting, agriculture, forests,
local government, states works and water, and riverside fishing. It is essential to heed at this
juncture that all of the pre-Federation of Malaysia laws were derived from British domestic
laws. It has conclusively been shown from paragraph below.
Malaysia’s earliest recorded 20th. Century national law - considered remotely
relating to management of maritime matters - is the Waters Act, 1920 enacted
to provide for the control of rivers and streams. It was not until 20 years later
when the Federation of Malaya became an active rubber producer in the
region that the Rubber Shipping and Packing Control Ordinance, 1949 was
promulgated for the purposes of regulating shipping and packing of rubber for
export. In the following years we may observe that domestic laws pertinent to
shipping, navigation and port were duly promulgated and enforced. These
included Carriage of Goods by Sea Act, 1950; Merchant Shipping Ordinance,
1952; Federation Light Dues Act, 1953; Penang Port Commission Act, 1955;
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Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)

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Istanbul, Turkey, 20 –25 April 2015.
Port Authorities Act, 1963 and so on. This trend was consistent with pre-
Merdeka and pre-Federation of Malaysia days when the ruling British were
active in pursuing interests in maritime trade arising from an abundance of
agricultural produce in the Malay States. ( Ramli, 1999)

2.1.3 International Laws

As highlighted by Aziz Meo Ngah & Nazery Khalid (2014) Malaysia is one of the world’s
major trading nations and its economic wellbeing depends largely on trade, 95% of which is
carried though seaborne mean. Malaysia is subjected to international laws in marine matters
and various treaties and resolutions have been sealed. The international consultation needs
Malaysia to take the relationship with international institutions seriously in deciding to join
the international maritime legislation to clarify the rights of marine territory of a country.
Malaysia should understand and defend its rights and policies in accordance to the rules of
international laws for recognition as a sovereignty of country’s maritime. Until now, Malaysia
has adopted the international laws in the implementation of all the functions and powers for
marine administration and is related to the local legislation as showed in table 2. This
information was summary from Country Report (Fauzi, 2006) and Juita Ramli (1999) writing.

Table 2: Malaysia International Laws


Provision Relate
Convention on the Law of the Sea, UNCLOS1982 Maritime and Sovereignty

Collision Regulation (COLREG) Convention1972 Safety


Safe Manning, Certification, Training & Watchkeeping (SCTW) Convention 1978 Safety
SCTW Convention 1995 Safety
International Maritime Satellite Organization, INMARSAT Convention 1976 Navigation
INMARSAT OA 1976 Navigation
Marine Pollution, MARPOL 73/78 (Annex l/II) Enviroment
MARPOL 73/78 (Annex V) Enviroment
Convention on the Civil Liability for Oil Pollution Damage, CLC Convention 1969 Enviroment
International Oil Pollution Compensation,FUND Convention 1971 Enviroment
Oil Pollution Preparedness, Response and Cooperation, OPRC Convention 1990 Enviroment
Conference on the Environment and Development, UNCED 1992 Enviroment
Convention on Facilitation of International Maritime Traffic 1965 Shipping and Trasnportation

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Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)

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Istanbul, Turkey, 20 –25 April 2015.
Marine Pollution, MARPOL 73/78 (Annex l/II) Enviroment
MARPOL 73/78 (Annex V) Enviroment
Convention on the Civil Liability for Oil Pollution Damage, CLC Convention 1969 Enviroment
International Oil Pollution Compensation,FUND Convention 1971 Enviroment
Convention on the Control of the Tranboundary Movement of Hazardous Wastes Enviroment
and their Disposal (Basel) 1989(1993).
Convention on the International Civil Aviation 1964 Airspace
Convention on Psychotropic Substances 1971 Safety
Source: (Fauzi, 2006; Ramli, 1999)

To ensure that the Malaysian Marine Space Governance is well manage, country report 2006
are also highlight the instrument of Malaysia Governance as showed in table 3. Again it has a
number of laws which applies the enforcement of the Malaysian Maritime Zone and seas
which cover both the national and international levels and also agreements, circulars and any
legal recourse to ensure that the Malaysian sovereignty is safe for the longest time. Thus,
eleventh among the provisions set forth under special laws are as follows:

i. The Federal Constitution of 1957.


ii. National Land Code [Act 56/65]
iii. Emergency (Essential Powers) No. 7 [1969] (has unraveled and replaced)
iv. Territorial Sea Bill 2012 (replacing the Emergency Ordinance 1969)
v. Malaysian Maritime Enforcement Agency Act 2004 [Act 633]
vi. Exclusive Economic Zone Act 1984 [Act 311]
vii. Continental Shelf Act 1966 [Act 83]
viii. Fisheries Act 1985 [Act 317]
ix. The Mutual Assistance in Criminal Article 2002 [Act 621]
x. The Official Secrets Act 1972 [Act 88]
xi. Baselines of Maritime Zones Act 2006

Table 3: Instruments of Malaysia Governance


Provision Explanation

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Environmental Quality Act, 1974 An act relating to the prevention, abatement and control of
(ACT127) pollution and enhancement of the environment. Act A593 of
1996 provides among others the control of trans boundary
movement of schedule wastes and their disposal.
Environmental Quality empowers the Minister of Science, Technology and
(Amendment) 1985 Section Environment to prescribe the development of Environmental
34A(1) empowers Impact Assessments (EIAs) prior to granting approval to carry
out certain activities, and grants control over the approval of
projects based upon the results of the EIAs.
Mining Enactment FMS CAP 147 provides to the states the powers and rights to issue mineral
prospecting, exploration licenses, mining leases, and other
related matters.
Fisheries Act, 1985 (ACT 317) An act relating to fisheries, including conservation, management
and development of maritime and estuarine fishing and fisheries,
in Malaysian fisheries waters, to turtles and riverine fishing.
Environmental Quality Act, 1974 states that no peson shall, unless licensed, discharge wastes into
Section 29 (1) Malaysian waters in contravention of the acceptable conditions
stated in Section 21. Section 31(1) states that where any
pollutants are being or are likely to be emitted, discharged or
deposited, the culprit must install and operate appropriate
control equipment. Section 51(1) empowers the Ministry of
Science, Technology and Environment to prescribe standards
and criteria for the implementation of environmental policy,
classification of the environment for protection purposes,
prohibit discharge of pollutants into the environment, prohibit
the use of equipment that could cause pollution, and, among
others, regulate boating and swimming in waters to prevent
pollution.
Fisheries Act 1985, Article 9 (1), For any application that intend to attain the fishing vessel license
or permit, any plan, specification or other information regarding
the fishing area must be submitted to the Director General of
Fisheries
Fisheries Act 1985 (Marine Parks Section 41(1) provides the powers for the Minister to establish
Malaysia) Regulations 1997 any area or part of an area in Malaysian fisheries waters as a
marine park or a marine reserve.

Fisheries (Prohibited Areas) Fisheries (Prohibited Areas) under section 61 of the Fisheries
Regulations 1994 Fisheries Act 1985, all forms of fishing and collecting are banned,
however no permit is necessary to enter the prohibited area. The
Department of Fisheries, Malaysia, controls this regulation.
Marine Parks Malaysia Order designated 38 islands as Marine Parks Malaysia. The boundaries
1994 of the park extend two nautical miles seaward from the
outermost points of the islands measured at low water mark.
Within these areas no person shall kill or capture any fish unless
he holds a license issued under Section 11.

The Turtles (Prevention of The rules state that no vessel, other than a government vessel on
Disturbance) Rules, 1962 official duty, shall enter within half a nautical mile of the low
water mark of the above three islands, except with a permit
granted by, or on behalf of, the Turtle's Board.
Antiquities

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Antiquities Act 1976 Provision for the control and preservation of, and research into
ancient and historical monuments, archaeological sites and
remains, antiquities and historical objects and to regulate dealing
in and export of antiquities and historical objects. According to
this act, applicants who wish to search for artefacts or
shipwrecks, a description on the proposed site, the type and the
area of the search and other information must be produced.
Petroleum Act (Safety Measures) This act was formulated to control activities pertaining to safety
1984 aspects in petroleum industry. This act has legal provision to
ensure safety of road and rail transportation, sea transportation,
air transportation, pipeline transportation, storage and
maintenance and use of equipment, building structure and
fixation.
Source: (Fauzi, 2006)

3. MALAYSIA MARINE SPACE ISSUES

Malaysia’s large sea area and its bounty of resources carry immense management
responsibilities. These range from ensuring the integrity of its sovereignty over its maritime
territories to the sustainable development of marine resources. The country’s considerable,
strategic stake in the oceans warrants serious, meticulous attention to the governance and
administration of its oceanic and maritime affairs. Malaysia Marine Spaces are many and at
times, competing, uses and these uses include such as Sources of food from animals, plants
and fishes, means of transportation and communication, areas for development, areas for
recreation, areas for dumping of waste, areas for scientific research and areas for mineral and
hydrocarbon extraction (Teo & Fauzi, 2006). Figure 3 shows clearly that the Malaysia
Coastal and marine space have multiplicity of uses, which often leads to conflict namely
technical, legal and stakeholder management. In fact, to avoid conflict, in a multiple use
resource there must be rules, hence the importance of institutions and stakeholder frameworks
in the administration of coastal and marine space. It is also important to highlight the method
of the implanting marine space governance.

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Figure 3: Overview of Malaysia Marine Space Governance

As resources are scarce in relation to the demand for it, the scramble for the usage of
resources at the coastal and marine space by man is ubiquitous and from antiquity.
Accordingly, table 3 exhibits that major issues in administering the rights, restrictions and
responsibilities in the marine space environment.

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Table 2.4: The Major Issues in Administering the Rights, Restrictions and Responsibilities in the
Marine Space Environment (Adapted from (Fauzi, 2006)
Maritime Zone Issues
Coastal Zone  When marine boundaries are not demarcated, there is no physical
evidence of the boundary, resulting disagreement, confusion and
conflicting versions of marine boundaries.
 Line of low tide is difficult to determine.
 Natural feature like the coastline change over time, so thus the marine
boundaries.

Territorial Sea  The determination of base points and baselines in accordance to


UNCLOS 1982.
 Enforcement agencies operating in the two maritime zones – the 12
nautical mile of territorial sea and the exclusive economic zone. Some
enforcement agencies have found it difficult to operate in grey areas i.e.
in areas where the territorial waters and EEZ meet at which the
demarcation of the boundaries is distinguishable.
 The publication of a chart at a scale adequate for ascertaining the
baselines for measuring the breadth of the territorial sea or listing
geographical coordinates of these points.

Exclusive Economic Zone  The determination of the outer limits of the continental shelf based on
Article 76, UNCLOS 1982, in which coastal states are allowed to claim
outer limits of the continental shelf beyond 200 nautical miles, up to a
maximum of 350 nautical miles or 2500 metre isobaths plus 100 nautical
miles but must submit relevant scientific data to the Commission on the
Limits of the Continental Shelf.
 Redelimitation of internal waters, territorial sea, EEZ and continental
shelf.
 Updating the Peta Baru Malaysia 1979

Conclusion from Country Report 2006 in generally, state that;

Since Malaysia has no explicit policies on management or utilisation of marine


and coastal resources, the need for coordination between various agencies that
manage the marine spaces in different sectors is non-obligatory. A lease issued
without consultation with other relevant authorities, creates multiple use
conflicts and ignorance of the rulings imposed by the other authorities.
Moreover, the interstate and inter-district boundaries of marine governance
have not been defined, which may lead to confusion to the territorial limits of
administration between authorities and causing conflicting maritime claims. In
addition, there is a lack of awareness of which ministry/agency issues rights
and permits as well as the imposition of conditions and restrictions. As marine
spaces are 3D, there are no clear rulings that allow for overlapping rights, for

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example having petroleum exploration leases overlapping fisheries. It is also
important to highlight the integration of data from numerous marine related
agencies into the Marine Spatial Data Infrastructure initiative and
demarcation of boundaries in the marine spaces.

To design such systems to be useful for managing information on single activities or resource
use (e.g., petroleum leases) occurring in marine spaces is uncomplicated. Studies have found
that, in order to be of maximum benefit to the governance of marine spaces these information
systems will have to be able to manage and visualize information on multiple marine resource
interests that overlap in 3-dimensional space, and time and also these systems should also
function in an environment of efficient and effective governance and legal frameworks, and
optimal institutional arrangements that meet the often diverse needs of identified and engaged
stakeholders (M. Sutherland & Nichols, 2006).

4. PROPOSED OF FUTURE IMPLEMENTATION OF MALAYSIA MARINE


SPACE GOVERNANCE

Appropriate administration and management, exploitation, utilisation and conservation of


marine resources, economic growth and social values can be improve and sustain (A.
Rajabifard, et al., 2005, W. Mukupa, 2011), as showed in Figures 4 where coastal and marine
activities need administration for marine industries, resources management, marine protected
area and policing and conflict resolution). A marine policies, planning and management,
institutional framework and legislation and conventions are part of marine administration, to
enable sustainability. Furthermore these features will lead to sustainability of marine
development, whereas it will balance between social, economic and environmental impacts (C
Thia- Eng, 2003).

Figure 4: Features of Marine Administration (L. Strain et al., 2006)

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4.1 The Marine Policies, Planning and Management

Maritime Institute of Malaysia (MIMA) (National legislation pertaining to maritime


management,1997) has publicized that there are at least 74 national laws at present pertaining
to maritime management. This does not include about 35–40 subsidiary legislative items and
by-laws which are enforceable with some of the major laws such as the Environmental
Quality Act 1984 and Fisheries Act 1985. These laws provide the legal framework for about
15 different aspects ranging from ports, shipping, lighthouse, living resources, non-living
resources, environment, telecommunications, trade and education. In the international arena,
Malaysia has already ratified at least 21 UN Conventions and 13 IMO Conventions (6, pp.
57–58). Three Conventions are subject to ratification, 10 Conventions are under consideration
for ratification and another 10 Conventions are recommended for ratification by Malaysia.

As policies are made by two levels of government, they can be either cross sectoral in natural
or sectoral (Mohtar, 2003). Maritime Institute of Malaysia (MIMA) an agency directly
involved in policy formulation and act. Their specialized in maritime matters and conflict to
more educated in maritime transportation regulations, port rules and etc. Compatible with the
MIMA visions to provide maritime-related advice and consultancy services to stakeholders
through policy research, training, education and public awareness programmes. The Centre
for Ocean Law and Policy (OLAP) is a research unit at MIMA that responsibility in ocean
law and policy issues (see Box 1).

Box 1: The Centre for Ocean Law and Policy (OLAP)

The Centre for Ocean Law and Policy (OLAP), aspires to be Malaysia's national centre of
excellence for research in ocean law and policy issues. OLAP aims to provide timely and relevant
advice and policy options as well as to identify key areas of interest for Malaysia's multi-
disciplinary realm of Ocean and maritime law that encompass the Law of the Sea (UNCLOS 1982)
and other related international law, as well as maritime and admiralty law.

OLAP reinforces close working relationships with relevant stakeholders such as the Ministry of
Transport, the Marine Department, the National Security Council, the Ministry of Foreign Affairs
and the Attorney General's Chambers, as well as fostering links with other local and regional think
tanks and international organisations such as the International Maritime Organisation (IMO),
Division for Ocean Affairs and the Law of the Sea (DOALOS), International Labour Organisation
(ILO) and similar entities.

OLAP undertakes the role of promoting awareness in ocean law and maritime legal aspects to
appropriate stakeholders and the public, by conducting seminars, training workshops and
conferences.

Source: http://www.mima.gov.my/mima/research

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4.2 Data Management for the Marine Space

The development of a marine space management plan involves a multi-disciplinary approach.


It should address issues such as the physical environment, resource inventory, environmental
sensitivity, demand or land use projection, socio-economic setting and other factors which are
of importance in arriving at the sustainable marine space administration. Abdul Hamid
Saharudin (2001) highlight the importance of quality data and information in sea management
is one of the most important components of process to develop management plans and
policies.

Marine space data management is all about capturing information, analysing, storage and
dissemination the data. Another essential point this paper will highlight two important
agencies in data management for the marine space. Which are Department of Survey and
Mapping Malaysia (JUPEM) that focusing on capturing information and analysing and
Malaysia Centre of Geospatial Data Infrastructure (MaCGDI) focusing on data storage and
dissemination data.

4.2.1 Department of Survey and Mapping Malaysia (JUPEM)


As main Malaysia institutional given the responsibilities in technically to tackle marine space
administration issues. However, that effort must collaborate with academic institutional to
bring out clearly the theory and methodology to apply and also be suitable to implementation
and to be considering in marine environment and factor (see Box 2). Below are the functional
of JUPEM:

 To advise the government in the field of cadastral survey and mapping along with
the state and international boundaries.

 To provide complete and conclusive cadastral information for issuing land, strata
and stratum titles.

 To manage efficiently the cadastral and mapping databases.

 To publish photographical, cadastral, thematic and utility maps for the purposes of
planning, management of natural environment resources, preservation of
environment, development, surveillance and security.

To provide geodetic infrastructure for the purposes of cadastre survey, mapping, engineering
and scientific research

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Box 2:JUPEM Corporate Information’s
Vision
Making JUPEM's an eminent organisation in providing outstanding survey and mapping services
as well as geospatial data management towards fulfilling the nation's vision.

Mission
Providing a quality survey and mapping and services and geospatial data management via first-
rate system, competent human resource and conducive working environment.

Motto
The catalyst for national development and citizen's prosperity.

Objective
To ensure the products and land survey and mapping services meets the quality acceptance and
customer's needs.

 To ensure a well maintain, up-to-date cadastral and mapping database to meet needs of
the national geospatial infrastructure.
 To make JUPEM as an excellent reference centre in the field cadastral survey and
mapping.
 To survey determine, demarcate state and international boundaries.

Quality Policy
JUPEM is committed to provide Cadastral Survey, Mapping services and dissemination of high
quality geographic information in accordance with established standards and also continuous
improvement efforts to ensure customer satisfaction.
Source: https://www.jupem.gov.my

4.2.2 Malaysian Centre for Geospatial Data Infrastructure (McGDI)


Malaysia Geospatial Data Infrastructure (MyGDI) is an initiative by the government to
develop a geospatial data infrastructure to enhance the awareness about data availability and
improve access to geospatial information. This can be fulfilled by facilitating data sharing
among participating agencies.
MyGDI as the National Spatial Data Infrastructure (NSDI) for Malaysia, is a national
infrastructure comprises of policy, data, standard, geospatial information and technology,
R&D and development of human capital established by MyGDI Circular Letter no. 1 of 2006
– Guidelines for the Implementation of Malaysia Geospatial Data Infrastructure (MyGDI) for
the purpose of facilitating the sharing and dissemination of geospatial information amongst
government agencies, private sector and the general publics. Through this infrastructure,
smart partnerships among agencies is continuously being developed to produce and share
geospatial information thus providing customer-focused, cost effective and timely delivery of
geospatial data.
(MaCGDI) is a centre established by the government to manage and promote the
development of geospatial data infrastructure for Malaysia (MyGDI). MaCGDI is also
responsible for coordinating access and delivery of the geospatial information held by all

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government agencies.
MaCGDI was established in December 2002 to replace the NaLIS Secretariat under the
Minstry of Land and Cooperative Development (MLCD). On the 27th March 2004, MaCGDI
was subsumed under the Ministry of Natural Resources and Environment (NRE).
The main role of the centre is to continuously make available and accessible current and
accurate geospatial data that promotes a sustainable living environment, economic growth and
social progress for public. MaCGDI is organised with thirteen (13) sections and is set out to
carry the following objectives:

 To provide mechanism/infrastructure in supporting the usage and sharing of current,


accurate and reliable geospatial information among agencies by employing the
latest geospatial techologies; and
 To avoid redundancy of duplicating efforts in collecting, processing, maintaining,
providing and dissemination of required geospatial information.
The goal of MyGDI is to enable members of the geospatial communities in Malaysia to share
and access geospatial data together seamlessly (see Box 3). Through its application MyGDI
Explorer, MyGDI facilitates online access to geospatial information as an effort to avoid
duplication of effort especially in the collection of geospatial data. It provides a base for
geospatial data exploration, evaluation, and application for users and data providers within all
levels of government, commercial, and non-profit sectors as well as the academia and the
public.
MyGDI governs through its committees and MaCGDI as the coordinator. In the Malaysia
contexts, SDI initiatives started from the national level and are expected to filter down to all
the states and gradually to all local levels. Like other countries, apart from financial and skill
resources which forbid comprehensive big-bang undertaking, are knowledge and agreement
among agencies on fundamental datasets that are required to meet common needs. These
issues are usually sorted out by the lead agency, in this case is MaCGDI.

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Box 3: MyGDI Corporate Information’s
Vision
The vision of MaCGDI is to continuously make available and accessible current and accurate
geospatial data that promotes a sustainable living environment, economic growth and social
progress for all Malaysians.

Mission
"The mission of MaCGDI is to facilitate, coordinate and manage geospatial data infrastructure
through the development of policies, standards, data, ICT Technology, R&D and skilled human
resources by providing customer-focused, cost effective and timely deli very of geospatial
data."

Function
The functions of MaCGDI are :
 To act as an advisor to the Government of Malaysia in the formulation and
implementation of policies concerning geospatial data;
 To coordinate activities pertaining to the development of geospatial data and
standard for geographic information/geomatics;
 To be a technical reference centre for advisory and consulting services with
regard to the development and application of geospatial data;
 To develop and coordinate MyGDI Clearinghouse activities;
 To plan and conduct human resource development program in GIS and the
related fields;
 To organise various activities in promoting the use of MyGDI throughout the
country;
 To become a centre for research and development (R & D) for GIS and the
related fields; and
 To represent the public sector in international forum, conferences and meetings
involving geospatial data.
Source: http://macgdi.mygeoportal.gov.my

Based on the theories, principles and an overview of the literature, we has proposes a
framework for future implementation of Malaysia Marine Space Governance such as
illustrated in Figure 5. According to identify the marine space data management on
utilisations of marine space administration, there are four elements of data management,
which are capturing information, analysing, storage and dissemination the data. This is
consistent with the purpose of sustainable management of marine space where sustainable
development involves a continuous process in deciding where certain questions are asked and
where the 'right' and the decision were made (Cicin-Sain, 1993).

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Table 3: Proposed Malaysia Marine Space Governance
CUSTODIAN
Prime Minister’s Office
IMPLEMENTERS
Department Of Director General Of Lands And Mines (FEDERAL)
TECHNICAL SUPPORT & GEOSPATIAL DATA CENTRE
Department of Survey and Mapping Malaysia (JUPEM)
POLICIES SUPPORT
Maritime Institute of Malaysia (MIMA)
SPATIAL DATABASE INFRASTRUCTURE COORDINATOR
Malaysia Centre of Geospatial Data Infrastructure (MaCGDI)
USERS OF MARINE SPACE SERVICES
International and Domestic Import and Export Community
National Security
Oil & Gas Sector
Ports
Freight Forwarders
Supply Chain Managers
Logistics Services Providers
Maritime Support Service Providers
FACILITATORS
Ministry Of Transport
Ministry of International Trade and Industry
Ministry of Finance
Royal Custom and Excise Department
Ministry of Science and Technology
Ministry of Agriculture and Agro-Based Industry
Ministry of Natural Resources and Environment
Ministry of Defence
Ministry of Home Affairs
Ministry of Culture, Arts and Tourism
Ministry of Communication and Multimedia
Ministry of Foreign Affairs
Marine Department
Financial Institutions and Insurers
Legal and Arbitration and Technology Service Providers
Ship Registers
Classification Societies
SUPPLIERS of MARINE SPACE SERVICES
Ship Building and Ship Repairing Yards
Shipbrokers
Ship Management Companies
Ship Owners
Main Engine and Propulsion Manufacturers
Land Transport Service Providers
Warehouse Operators
Aviation Companies
SOURCES of HUMAN CAPITAL
Maritime Academies and Technical Colleges
Universities and Polytechnics Offering Courses in Marine Navigation, Engineering Oceanography, Supply Chain
Management and Logistics

Modify: After Aziz Meo Ngah & Nazery Khalid (2014)

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Table 5 illustrates the Framework of Malaysia Marine Space Governance. They are eight key
categories in the framework including detail parties involved namely:

 The Custodian of the marine space sector. Prime Ministers Department should be the
lead agency to promote the development and oversee the growth of the sector, given
its clout that can enable it to gather other agencies and parties involved in the maritime
sector to work together (Aziz Meo Ngah & Nazery Khalid, 2014).
 The Implementers. These are parties that involved directly in marine space
governance. All the activities should be under there are recommendations.
 The Technical Support & Geospatial Data Centre . Department of Survey and
Mapping Malaysia (JUPEM) should lead agency in term of record activity above and
under, maintaining and updating the marine space data. Again, Department of Survey
and Mapping Malaysia (JUPEM) playing the role of data storage and dissemination.
They would sit between the administration/management activities and the data,
allowing any user access to appropriate data to support their needs.
 The Policies Support. Maritime Institute of Malaysia (MIMA) an agency directly
involved in policy formulation and act. Their specialized in maritime matters and
conflict to more educated in maritime transportation regulations, port rules and etc.
 The Spatial Database Infrastructure Coordinator. Malaysia Centre of Geospatial
Data Infrastructure (MaCGDI) for the purpose of facilitating and responsible for
coordinating the sharing and dissemination of geospatial information amongst
government agencies, private sector and the general publics. Through this
infrastructure, smart partnerships among agencies is continuously being developed to
produce and share geospatial information thus providing customer-focused, cost
effective and timely delivery of geospatial data.
 The Users of Marine Space Services. These are parties that use services in the marine
space sectors such as shipping, port operations and shipyard services. Identifying them
is an important step in managing the demand side of the maritime sector (Aziz Meo
Ngah & Nazery Khalid, 2014).
 The Facilitators include government agencies involved in the marine space sector and
support services providers in areas such as finance, ICT, legal, tax, consultancy,
classification and registry (Aziz Meo Ngah & Nazery Khalid, 2014).
 The Providers of Marine Space Services. These are parties offering marine space
services required by users (Aziz Meo Ngah & Nazery Khalid, 2014).
 The Sources of Human Capital, include maritime academies, universities,
polytechnic and technical colleges providing marine space-related courses and
programs (Aziz Meo Ngah & Nazery Khalid, 2014).

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This framework show inter-related with and provides support to one another. According to
Aziz Meo Ngah & Nazery Khalid, (2014) the custodian of the marine space, the
regulatory authorities, industry players and users of marine space services are part of an
ecosystem of marine space sector that features stakeholders working in harmony towards
attaining common objective in a facilitating and pro-business and pro-investment
environment towards sustainable. In such sustainable framework proposed, there is
effective management of demand and supply sides of the marine space sector, supported
by talented, skilled the human capital that matches the marine space governance needs and
its rapid development and dynamic operating environment.

5. CONCLUSION

This research highlights the need of marine space governance seriously consider the issues
that involved in role and responsibilities. By the introduction of the data management into the
stakeholder management and organizational performance, the researchers propose to explain
how role, responsibilities and data management in marine space administration can lead to
successful sustainable marine space governance.

Role, responsibilities and data management, in the broad sense of the process by which
stakeholder work together to accomplish a common mission is hence essential when
stakeholder need to work together closely. Stakeholder must commonly agree on how they
will manage the marine space administration functions of marine space tenure, marine space
value, marine space-use and marine space development, and, equally important, on how they
will make this information available to the wider society in order to encourage creativity,
efficiency and productive development among citizens and businesses in a sustainable
manner. Therefore, role, responsibilities and data management is functions an approach that
must be embedded in the marine space governance. A future study investigating marine space
stakeholder role, responsibilities and data management would be very interesting.

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Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)

WCS-CE - The World Cadastre Summit, Congress & Exhibition


Istanbul, Turkey, 20 –25 April 2015.
Web Page: (URL-1, <: http:// https://www.jupem.gov.my >, 16.10.2014)

Web Page: (URL-1, <: https://www.jupem.gov.my >, 16.10.2014)

ACKNOWLEDGEMENT

The authors would like to express their gratitude to Ministry of Education ,Universiti
Teknologi Malaysia (UTM), Jabatan Pengajian Politeknik (JPP) and Fundamental Research
Grant Scheme (FRGS) – Ministry of Science, Technology and Innovation (MOSTI) for
supporting, funding and contribution respectively. This research is funded by FRGS Fund Vot
4F402.

BIOGRAPHICAL NOTES

ABDULLAH HISAM OMAR

Abdullah Hisam Omar is a senior lecturer at the Faculty of Geoinformation and Real Estate,
Universiti Teknologi Malaysia (UTM) since 2000. He obtained a Bachelor Degree, Master of
Science and a Doctor of Philosophy from Universiti Teknologi Malaysia, Malaysia. His
research work is in the areas of Land and Marine Cadastre. His current research is on land and
marine spatial Administration funded by Ministry of Science, Technology and Innovation
(MOSTI) and Ministry of Education. Abdullah Hisam is a member of the Institution of
Surveyors, Malaysia (ISM).

NAZIRAH MOHAMAD ABDULLAH

Nazirah Mohamad Abdullah graduated in 1999 with a Bachelor of Land survey and an MSc
of Geomatic Engineering in 2010. She is a lecturer at the Polytechnic Malaysia before taking
up his PhD within the Geomatics Department at The Universiti Teknologi Malaysia. Her
research interests now include resolving issues in the marine space governance and marine
space stakeholder’s issues. She is a member of the Institution of Surveyors, Malaysia.

TS 4.2 – Developments & Requirements for Marine Cadastre 28/28


Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)

WCS-CE - The World Cadastre Summit, Congress & Exhibition


Istanbul, Turkey, 20 –25 April 2015.

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